Chapter 9.64
NONCONFORMING LOTS, USES, AND STRUCTURES
Sections:
9.64.060 Nonconforming structures.
9.64.070 Termination of nonconforming lots, uses, and structures.
9.64.080 Continuation of uses that became nonconforming prior to this title.
9.64.010 Intent and purpose.
This chapter sets forth standards and requirements for nonconforming lots, uses, and structures. (Ord. 806 § 1, 2007).
9.64.020 Applicability.
This chapter does not apply to illegally established lots, uses, or structures and does not apply to signs. Lots, uses, or structures which are nonconforming prior to the effective date of the ordinance codified in this title and lawfully exist as a nonconforming lot, use, or structure may be continued, changed, or expanded only as provided in this chapter. (Ord. 806 § 1, 2007).
9.64.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Construction” means to erect a structure.
B. “Existing square footage” means the existing square footage of an existing lot or structure as of the effective date of the ordinance codified in this title.
C. “Illegal lot, use, or structure” means a lot, use, or structure prohibited by BGMC Title 6 and this title.
D. “Mobile home” means a domicile transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a permanent foundation system. “Mobile home” does not include a recreational vehicle.
E. “Mobile home park” means any lot or parcel of land where trailer sites are rented or leased, or offered for rent or lease, for two or more trailer coaches, which are conditionally permitted uses.
F. “Nonconforming” means any lot, use, or structure that was lawfully established and in compliance with all applicable ordinances/regulations at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
G. “Reconstruction” means to construct again, re-establish, or reassemble and does not include the construction of additional square footage to the existing building.
H. “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment such as wardrobe closets, cabinets, kitchen units or fixtures, bathrooms, and toilet rooms.
I. “Remodel” means to alter the structure of or modify an existing structure, where no additional square footage is added.
J. “Renovate” means to restore or change to a better state, which shall not include the construction of additional square footage to the existing building.
K. “Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
L. “Trailer park” shall have the same meaning as a mobile home park. (Ord. 806 § 1, 2007).
9.64.040 Nonconforming lots.
A. Nonconforming undeveloped lots may be developed with a structure; provided, that the structure complies with BGMC Title 6 and this title.
B. If any lot is adjacent to another lot of the same ownership, the lots shall be legally recorded as one lot, in accordance with the State of California Subdivision Map Act, prior to the issuance of a building permit for any construction on the undeveloped lot.
C. Nonconforming lots shall not be reduced in area or dimensions. (Ord. 806 § 1, 2007).
9.64.050 Nonconforming uses.
Existing uses not listed as permitted uses in their respective zones are considered nonconforming uses. Existing uses which are permitted in their respective zones with a conditional use permit, but do not have a conditional use permit, are considered nonconforming uses. The following provisions shall apply:
A. Nonconforming uses may not be changed to a different nonconforming use.
B. If a nonconforming use is discontinued for a period of six months or more, it shall not be re-established. (Ord. 806 § 1, 2007).
9.64.060 Nonconforming structures.
Structures that do not meet the development standards set forth in BGMC Title 6 and this title are considered nonconforming structures and the following provisions shall apply:
A. Structures that are considered nonconforming due to building setbacks, building heights, distances between buildings, parking, and California Building Code requirements shall not be subject to the expansion limitations described in subsections (B) and (C) of this section as long as the following conditions apply:
1. The use is permitted in the zone in which it is located; and
2. Any new improvement complies with all current and applicable ordinances/regulations, including parking.
B. Nonconforming Residential Structures.
1. Nonconforming residential structures which are damaged or destroyed by fire, explosion, act of God, collapse, or any other casualty may be reconstructed, repaired, or restored. The following provisions shall apply:
a. Reconstruction shall be limited to the same square footage as the residential structure as of the effective date of the ordinance codified in this section plus an aggregate of 25 percent.
b. Reconstruction shall comply with all applicable provisions of BGMC Title 6 and this title and shall not include an increase in units from what existed at the time of damage or destruction.
c. Reconstruction shall commence within one year from the date of damage. Prior to the one-year expiration period, a property owner who can demonstrate progress towards reconstruction and financial hardship may apply in writing to the director for a six-month extension. If reconstruction is not commenced within one year, or an extension has not been applied for, that property owner shall lose all reconstruction privileges.
d. If a hazardous condition existed or still exists on the property, any reconstruction shall not aggravate or continue the hazardous condition.
e. Reconstruction shall comply with current parking and open space standards. If current parking and open space standards cannot be met, the reconstruction shall provide at least the same amount of parking and open space that was existing on the property prior to any damage or destruction.
2. Nonconforming residential structures may be remodeled, renovated, or expanded up to an aggregate of 25 percent of the original square footage, provided the standards of the zoning district that best characterizes the use are complied with (e.g., one unit, R-1 zone; two units, R-2 zone; etc.). Any remodel, renovation, or addition shall comply with the current development standards of BGMC Title 6 and this title and shall not include an increase in units from what existed as of the effective date of the ordinance codified in this section. Any expansion beyond 25 percent of the original square footage of the dwelling unit shall require review and approval of a conditional use permit by the planning commission.
C. Nonconforming Nonresidential Structures.
1. Nonconforming nonresidential structures which are damaged or destroyed by fire, explosion, act of God, collapse, or any other casualty may be reconstructed, repaired, or restored subject to the following:
a. Reconstruction shall be limited to the same square footage as the nonresidential structure as of the effective date of the ordinance codified in this section plus an aggregate of 25 percent.
b. Reconstruction shall comply with all applicable provisions of BGMC Title 6 and this title.
c. Reconstruction shall commence within two years from the date of damage. Prior to the two-year expiration period, a property owner who can demonstrate progress towards reconstruction and financial hardship may apply in writing to the director for a six-month extension. If reconstruction is not commenced within two years or an extension has not been applied for, that property owner shall lose all reconstruction privileges.
d. If a hazardous condition existed or still exists on the property, any reconstruction shall not aggravate or continue the hazardous condition.
e. Reconstruction shall comply with current parking standards. If current parking standards cannot be met, the reconstruction shall provide at least the same amount of parking and open space that was existing on the property prior to any damage or destruction.
2. Nonconforming nonresidential structures may be remodeled, renovated or expanded up to an aggregate of 25 percent of the existing square footage. Any remodel or renovation shall comply with the development standards of BGMC Title 6 and this title. (Ord. 893 § 11, 2020; Ord. 806 § 1, 2007).
9.64.070 Termination of nonconforming lots, uses, and structures.
Nonconforming lots, uses, and structures shall be terminated according to the following schedule:
A. Nonconforming Undeveloped Lots. If a nonconforming undeveloped lot is adjacent to another lot of the same ownership, the lots shall be legally recorded as one lot within five years from the effective date of the ordinance codified in this title. Upon the effective date of the ordinance codified in this title, the city shall provide written notification to all property owners that own adjacent undeveloped nonconforming lots of the impending five-year recordation. The written notification shall be recorded against the property with the Los Angeles County clerk.
B. Nonconforming Residential Uses and Structures. A nonconforming residential use or structure shall not be terminated, except for nonconforming mobile home parks. Nonconforming mobile home parks which are not listed as a conditionally permitted use in their respective zones, or are listed but do not have a current conditional use permit, shall be terminated within 40 years from the effective date of the ordinance or amendment thereto establishing the nonconforming status (i.e., 1995 general plan amendment). A property owner may apply in writing to the director of community development for a five-year extension with the approval of a conditional use permit. After the five-year extension has expired, a property owner may apply in writing to the director of community development for one more five-year extension with the approval of a conditional use permit. No additional extensions by conditional use permit may be granted unless the applicant demonstrates that refusal to grant additional time would constitute an unconstitutional taking of property.
C. Nonconforming Nonresidential Uses and Structures. A nonconforming nonresidential use or structure shall be terminated within 40 years from the effective date of the adoption of the ordinance codified in this title or any ordinance or amendment thereto establishing the nonconforming status (i.e., 1995 general plan amendment). A property owner may apply in writing to the director of community development for a five-year extension with the approval of a conditional use permit in accordance with Chapter 9.50 BGMC. After the five-year extension has expired, a property owner may apply in writing to the director of community development for one more five-year extension with the approval of a conditional use permit. No additional extensions by conditional use permit may be granted unless the applicant demonstrates that refusal to grant additional time would constitute an unconstitutional taking of property. (Ord. 806 § 1, 2007).
9.64.080 Continuation of uses that became nonconforming prior to this title.
As of the effective date of the ordinance codified in this title, any use established or conducted, or any building or improvement lawfully existing as a nonconforming use under the provisions of Bell Gardens Ordinance No. 1 adopting Los Angeles County Ordinance No. 1494 as amended to August 1, 1961, and as amended by the city, shall be deemed to be continued under this title subject to the provisions of this chapter. The termination date for such a nonconforming use shall be computed from the date such use became nonconforming under said Ordinance No. 1494, as amended to August 1, 1961, and subsequent amendments thereto adopted by the city prior to the ordinance codified in this title. (Ord. 806 § 1, 2007).
9.64.090 Lawfully established uses made nonconforming by the application of this title and amendments thereto.
Any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of development of the zone in which such use is located, may be changed or expanded only as provided in this chapter, and subject to all other provisions of this title or any other ordinance or law. The termination date for a use made nonconforming by the application of the provisions of this title or any amendments thereto shall be computed from the effective date of the ordinance whose provisions made the existing use of the land or property nonconforming. (Ord. 806 § 1, 2007).